Why the Law Is So Perverse

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University of Chicago Press, 2011 - Law - 239 pages

Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony? Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?

Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions.

The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience.

 

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Why the Law is So Perverse Leo Katz Thursday, April 26, 2012 8:12 PM Why do I read books like this? I thought the title was interesting. Leo Katz, a law professor, explains some paradoxes in law with ... Read full review

Contents

Introduction
1
Why Does the Law Spurn WinWin Transactions?
13
Why Is the Law So Full of Loopholes?
69
Why Is the Law So EitherOr?
137
Why Dont We Punish All We Condemn?
183
Final Thoughts
209
Notes
213
Index
233
Copyright

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About the author (2011)

Leo Katz is the Frank Carano Professor of Law at the University of Pennsylvania Law School. He is the author of Bad Acts and Guilty Minds: Conundrums of the Criminal Law and Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law, both published by the University of Chicago Press.

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